Arson 2b Flashcards
Arson 2b
Section / Act / Penalty
Section 267(2)(b)
Crimes Act 1961
7 Years Imprisonment
Arson 2b
Ingredients
- Intentionally OR Recklessly
- Damages by Fire OR Damages by Means of Explosives
- Any Property (other than property listed in section 267(1))
- With intent to obtain any benefit OR Cause Loss to any other Person
Intentionally
INTENT:
In a criminal law context there are two specifics types of intent in an offence. Firstly, there must be an intention to commit the act and secondly, an intention to get a specific result.
Recklessly
RECKLESS:
R v Harney
‘Recklessness’ means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of the risk
Any Property (other than property listed in section 267(1))
PROPERTY - Sec 2, Crimes Act 1961
Property includes any real or personal property, and any estate or interest in any real or personal property, money, electricity and any debt, and anything in action, and any other right or interest.
With intent to obtain any benefit
INTENT:
In a criminal law context there are two specifics types of intent in an offence. Firstly, there must be an intention to commit the act and secondly, an intention to get a specific result.
OBTAIN - Sec 217, Crimes Act 1961
Means to obtain or retain for himself or herself or any other person.
BENEFIT - Sec 267(4), Crimes Act 1961
Any benefit, pecuniary advantage, privilege, property, service or valuable consideration.
Cause Loss to any other person
LOSS - R v Morley
Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.
PERSON
Gender neutral - proven by judicial notice or circumstantially.
Legislation provides a wide definition of the term ‘person’ that incorporates not only real people but also companies and other organisations - Sec 2, Crimes Act 1961 (Only include if relevant to the scenario)
